§ 48-371. Commercial design standards.

(a)

Intent. The Town of Nags Head features a broad array of architectural styles, some of which are derived from traditional Nags Head cottage design. These standards are intended to build on a sense of continuity and community identity, not to dictate specific building styles. These standards are not intended to limit creativity but to serve as a useful tool for design professionals to engage in contextual, site-specific design. Acceptable building styles shall continue the town's human-scaled environment through visually compatible architectural forms, massing, details, relationship to nearby buildings and neighborhoods, and the use of materials consistent with these standards. Site design will strive to create a sense of place while maintaining compatibility with adjacent land uses, encouraging walkability, promoting safe and efficient movement of pedestrians and vehicles, preserving and/or enhancing natural areas, and minimizing nuisances associated with noise, high levels of activity, and stormwater runoff.

(b)

Applicability. These design standards shall apply to all building construction or remodeling projects requiring a conditional use permit or site plan review according to requirements found in this UDO. These standards shall not apply to the following uses or areas:

(1)

Fishing piers;

(2)

Public utility facilities;

(3)

Single-family dwellings and duplexes;

(4)

Projects located in the C-3, Commercial Services zoning district.

Except for the uses listed above, all existing principal structures located in the Commercial Residential (CR) District, Neighborhood Commercial (C-1) District, General Commercial (C-2) District, Village Commercial (C-4) District, and the Village at Nags Head SPD-C Commercial 1, Commercial 2, and Hotel zoning districts which do not meet the requirements of this section shall be regulated in accordance with town Code section 48-133 of this chapter. Where a project subject to site plan or conditional use review is associated with an existing building, such as an addition or partial remodeling, these design standards shall apply only to the new construction or the part of the building being remodeled. These standards shall also apply to any accessory building greater than 500 square feet located on a site with a principal building that is regulated by this section.

(c)

Design standards .

All buildings and structures subject to these standards shall comply with the requirements of this section. The standards below shall be considered mandatory and required, as applicable, within each project. In some cases, additional guidelines are provided to clarify the intent of the standards and provide further guidance for project design and review. The guidelines should be incorporated into the design to achieve the desired intent and overall goals of the design standards.

For the building design compliance only . Projects are to be reviewed according to the building design standards outlined in section (e) below.

Alternatively, projects adding a total habitable building area of 10,000 square feet or less may elect to comply with the building design requirements by achieving 150 points utilizing the criteria contained in the Town of Nags Head Residential Design Guidelines (Appendix A). Projects that elect to comply in this manner shall incorporate the following minimum standards into the design:

(1)

Buildings shall use a full, pitched roof with a slope of four in 12 (4:12) or greater. There shall be no vertical parapet walls.

(2)

Windows shall reflect a residential style. This typically includes the appearance of a double-hung or multi-paned window.

(3)

On the front and each side of the building, windows shall comprise not less than ten percent and not more than 40 percent of each building vertical wall area.

(4)

Individual windows shall be no greater than 30 square feet in area.

(5)

Buildings shall comply with the maximum building size and scale requirements outlined in subsection (e) below.

(6)

A porch meeting the definition of ground floor will be awarded points as a first-floor porch.

(7)

In no instance shall metal siding be used.

(d)

Site plan submittal requirements .

(1)

Sketch plan review .

a.

Applicants are encouraged to schedule a sketch plan review meeting with planning and development staff and the planning board prior to formal review. Sketch plan review is mandatory for new constructions projects where total habitable building area is 5,000 square feet or greater. This shall also apply to projects where the addition of habitable area is 5,000 square feet or greater. The purpose of the sketch plan is to review projects at a conceptual level for consistency with the requirements of these commercial design standards and the ordinance in general. This review should be done at the early stages of project development to allow for meaningful input and substantive changes to the design, if necessary. Documentation is not required to be as complete as the formal review. However, it should include rough site plan sketches with the building and parking layout, building renderings, and a narrative describing the proposed project and how it is consistent with town development requirements. The site plan sketch shall depict adequate space allocations for the requisite wastewater and stormwater improvements as well as vegetation/buffering requirements and site access. Applicants are encouraged to provide more than one project alternative or variations of the proposed project for review.

b.

For formal review, the applicant shall submit the components of a complete site plan application in accordance with the provisions of town Code sections 48-524 and/or 48-525 for conditional uses, including a full set of building elevations. Building elevations shall detail all exterior siding materials and architectural features. The site plan shall detail all landscape features including preserved areas, new vegetation, berms, pedestrian features, and other site amenities. The application shall also include a brief description of the elements that have been incorporated into the design to achieve the desired intent of the guidelines established herein. For projects that have undergone sketch plan review, the narrative shall describe the results of the sketch plan review process and how the design may have been modified to reflect this input. The planning board shall review the above described application and forward their recommendation on the same to the board of commissioners within 45 days of the date of application submittal.

(2)

Findings. Prior to final action on a site plan or conditional use permit application, the planning board shall consider findings of fact that address the standards in this section and find that these standards have been met by the applicant as well as any findings of fact required for approval of conditional use or vested right site plans in accordance with town Code section 48-525.

(e)

Building design.

(1)

Building scale.

a.

Intent.

1.

Buildings should strive to take on a more residential and "human" scale. "Human scale" is the proportional relationship of buildings and spaces to people. A building is considered to have good human scale if there is an expression of human activity or use that indicates the building's size. The scale of a building is based on overall size, its mass in relation to the space around it, and its entrances, windows, walls and roofline.

2.

The building architecture historically intrinsic to Nags Head reflected a human scale. These buildings were simple, utilizing natural materials, wide porches and modest detailing. Interior and exterior spaces were used in equal measure and porches were the center of daily life. These early design principles set the tone for the concepts included in these design standards. The successful application of these human scale features will result in buildings and sites that relate well to the pedestrian environment, encourage community activity, and complement their surroundings.

b.

Standards. When the scale of a building is inconsistent with its site and the scale of surrounding buildings, it shall be mitigated by design strategies that lessen its visual impact to be compatible with its site and with characteristics of neighboring buildings and sites. At a minimum, all projects shall incorporate the following design strategies:

1.

To encourage a human scale, all buildings shall have an exterior or perimeter building sidewall that is no higher than 12 feet from the floor to the top plate for each building story. Typically, buildings will not exceed three stories. Exceptions include instances where the height requirements for a specific use allow the building to exceed three stories or where building features are specifically exempt from the height requirements of the ordinance.

2.

For buildings greater than one story, the highest story of the building shall be incorporated into the roofline with the use of dormers or other roof articulations.

3.

Larger buildings (greater than 5,000 square feet) or buildings with multiple uses and/or tenants shall be designed with a complex massing that includes rooflines with varying heights, incorporation roof variations, projections/recesses, or smaller additions to a main building (diagram or picture).

4.

Buildings shall provide facade elements which create a comfortable zone at the first floor of the building for people. Examples include but are not limited to: covered porches, arcades, siding material changes, and one or two-story entrances with pitched roofs.

c.

Guidelines. For larger buildings or projects, designs should consider the following strategies to break down the overall scale and mass of buildings:

1.

Use of irregular building footprints is encouraged to "create spaces" for human interaction, to reduce the mass of a large rectangular structure, and to cause a roof variation.

2.

Use of multiple, smaller scale buildings which may incorporate connecting breezeways and/or walkways.

3.

Variations in building footprint and/or form such as square, "doughnut", "U" or "L" shaped buildings, bump-outs, higher floors "stepped back", or varied rooflines.

(2)

Building size/dimensions .

a.

Intent. Building sizes are determined based on desired building characteristics for character areas as defined by the Town of Nags Head Comprehensive Plan. These character areas delineate appropriate building sizes and scales by roadway corridor and type based on existing and historic development patterns. NC 12 and SR 1243 comprise the beach road sections of town which have a distinct scale and massing defined primarily by residential uses and small scale commercial buildings. It is the town's intent to continue this development pattern along the two-lane roadways within the town. US 158/64 have traditionally been more auto-oriented with larger scale local and regional services. Given the town's desire for buildings to maintain a residential scale, it is the town's intent to regulate the overall size of buildings. In both corridors, the town encourages walkability and a human scale appearance that relates well to pedestrians and encourages social activity.

b.

Standards.

1.

Individual buildings along two-lane roadway sections shall not have a habitable area that exceeds 5,000 square feet, except for instances where the applicant has conducted a sketch plan review in accordance with the procedures prescribed in subsection (d)(1) above. In these instances, the applicant shall pay careful attention to the design standards and guidelines relative to scale for larger buildings to mitigate the overall visual impact and maintain continuity with existing development. In no instance shall a building fronting a two-lane roadway section exceed 10,000 square feet.

2.

Individual buildings along five-lane roadway corridors shall not have a habitable area that exceeds 20,000 square feet, except in the case of multi-story buildings such as hotels within the town's Hotel Overlay District or institutional uses including schools and hospitals.

3.

For any building with a habitable area of greater than 5,000 square feet, the applicant shall be required to conduct a sketch plan review of the project in accordance with the procedures prescribed in subsection (d)(1) above.

4.

To prevent the appearance of large, disproportionate, and/or "strip" style buildings, the following standards shall apply:

i.

The length of a principal building shall not exceed three times the width of the building. The length shall be considered the longest dimension of enclosed habitable space of the building. The width of a building shall be the widest portion of that building which occupies at least 40 percent of the length of the building in accordance with the following diagram.

Dimensions—Principal Buildings

(To use Y as the width, X must extend at least 40 percent along the length (Z) of the building.)

ii.

Properties with multiple buildings shall have each building separated by at least 20 feet and shall not have the appearance of being one structure. For example, multiple buildings may appear to be one structure where there is a continuous roofline over the main structure that carries between two buildings.

iii.

Buildings shall be connected using exterior pedestrian walkways. Covered walkways are allowed however the roof covering the walkway shall be generally limited to the walkway itself.

iv.

The minimum width of the enclosed habitable space of a principal building shall be eighteen feet measured at the first-floor level. A building shall be at least 18 feet wide along at least 40 percent of its length. Outside dimensions shall be used in determining length and width.

v.

Buildings erected in the C-3 Commercial Services District shall be exempt from these minimum dimensional requirements since the uses permitted in this C-3 District are recognized by the town as being generally incompatible with residential and commercial uses. Such uses are regulated with appropriate buffering and separation requirements.

(3)

Building height.

a.

Intent. A sudden dramatic change in building height can be incongruous with an existing streetscape. While each zoning district maintains an overall height limit, the height of a building shall be visually compatible with the heights of buildings on neighboring sites where practicable and positively contribute to the overall building design.

b.

Standards.

1.

The overall height of buildings will be determined based on the dimensional requirements for each district, overlay district, or specific standards applicable to individual uses.

2.

For buildings greater than two stories, the applicant shall incorporate architectural features into the design that mitigate the visual impact of the proposed building.

3.

Portions of hotel buildings greater than two stories shall be set back an additional ten feet for every story over two.

c.

Guidelines. The following design strategies may be used to mitigate the appearance of tall buildings:

1.

Utilize a pitched roof for the upper story that incorporates habitable space with the use of dormers and other roof articulations.

2.

Utilize a porch roof or siding material changes between the first and second story to break up the façade.

3.

Design higher floors to be "stepped back" or provide horizontally or vertically varied rooflines along the length of the building.

(4)

Architectural design/elements.

a.

Intent. It is the town's goal to encourage design creativity that respects historic development patterns and is characteristic of the Nags Head community. Design elements and features that define the Nags Head cottage style architecture can be used to enhance the appearance of structures and to promote their compatibility with the local natural and built environment. Appendix A, the Town of Nags Head Residential Design Guidelines, provides illustrative examples of Nags Head design elements. The manual also provides specifications for Nags Head design elements which represent minimum standards that should be adhered to when incorporating these elements into an overall design. The following design considerations shall be applied to individual building components.

b.

Roofs.

1.

Standards.

i.

For larger buildings (10,000 square feet or greater), the shape and proportion of the roof shall be articulated so as to lend visual interest and reduce the apparent size of new buildings.

ii.

The roof design shall screen the visual clutter of typical rooftop installations such as any mechanical equipment, exhaust vents, transformer boxes, dish antennas, etc.

2.

Guidelines.

i.

Habitable space within the roof system with dormers to provide light and access is encouraged to reduce the apparent size of the structure.

ii.

Preference shall be given to roofs with a pitch of four-twelfths or greater.

c.

Walls.

1.

Standards.

i.

Wall elevations and roofs greater than 50 horizontal feet in length shall have no more than 40 horizontal feet without a roof variation.

ii.

Walls that face a public street or that are adjacent to the wall of an existing principal building on an adjacent lot shall not be a blank wall and shall be designed with windows, doors, porches, or other building elements that provide scale and openness to the façade.

2.

Guidelines.

i.

Roof variations may consist of dormers, coastal watch towers, bumpouts, or entrance features in the "coastal" or "Old Nags Head" style as described in the Nags Head Residential Design Guidelines.

d.

Windows and doors.

1.

Standards.

i.

Windows and doors shall be visually compatible with the architectural style of the building and with local architectural styles.

ii.

Windows shall reflect a residential style. This typically includes the appearance of a double-hung or multi-paned window.

iii.

On the front and each side of the building, windows shall comprise not less than ten percent and not more than 40 percent of each building vertical wall area.

iv.

Individual windows shall be no greater than 30 square feet in area. Windows shall be no wider than three feet and not taller than six feet.

v.

Doors shall be no wider than six feet and not taller than eight feet without having at least a 12-inch separation between windows and doors.

vi.

The primary entrance shall face the street or shall face the side of the building that has a pedestrian connection to the street, unless the applicant can demonstrate that the circumstances of a given application merit an alternative orientation.

vii.

The entrance shall be identified using architectural details that may include porches or roofs for shelter, recessing, decorative lighting, trim or railings, in addition to pedestrian walkways connecting to parking areas and public sidewalks.

2.

Guidelines.

i.

Multi-paned or double-hung windows are a common element of the local architecture and shall be encouraged.

ii.

Use of metal and glass storefront and curtain wall systems is discouraged and should be minimized.

iii.

Regular pattern. Windows are an integral part of a building and shall be richly incorporated on front facades, and to a lesser extent, on side facades. The windows along the front facade, and to a lesser extent, on the side façade, along with the door and other decorative elements shall align horizontally and vertically to establish a coherent, orderly pattern and rhythm. Some departure from a perfect grid is desirable to create variety in rhythm.

iv.

Vertical form. Primary windows and window panes shall be vertical in form, with horizontal to-vertical proportions generally measuring 3:5.

v.

Window style. The primary window style shall be double-hung (whether operable or not). A limited number of fixed windows (i.e., those which have one window sash/frame and do not open) may be used where deemed appropriate to the overall design.

vi.

Window molding. Windows in wood frame buildings shall have a wide (generally four inches) molding/trim on all sides. Windows in brick buildings shall have a distinct lintel above and sill below, though treatment of the side jams is encouraged also.

vii.

Window to wall proportions. The proportion of window area to wall area on facades shall be carefully considered. Too little window area creates an unwelcoming presence, while the use of too much glass can be jarring in the context of traditional Nags Head style.

viii.

Muntins/mullions. Windows, other than storefront windows and small, appropriately-designed fixed windows, shall be divided into multiple panes of glass. This approach helps the window "hold" the surface of the façade, rather than appearing like a hole in the wall (the effect produced by a large single sheet of glass).

e.

Building materials. The relationship of materials and textures of the exterior of a building shall be compatible with that of buildings that are traditionally used in Nags Head. Examples of exceptional design may incorporate a combination of the materials listed below to provide overall visual interest.

1.

Standards.

i.

For facades of buildings visible from a public way, building siding materials shall be wood or simulated shingle siding, clapboard, board and batten, or other materials commonly used in local architecture.

ii.

Use of cinder block, brick, stucco, and T-111 is acceptable for smaller buildings generally no more than one story high and not greater than 2,500 square feet. For larger buildings, these materials should be primarily considered as an accent to the overall design or in areas not visible from the public right-of-way.

iii.

In no instance shall metal siding be used.

f.

Building detailing.

1.

Standards.

i.

Traditional Nags Head buildings utilize detailing to provide visual interest and character to a design. This is achieved through the detailing elements below. Applications shall incorporate one more of the following detailing elements in the building design:

— Exposed rafters;

— Gable brackets;

— Workable shutters;

— Column trim.

2.

Guidelines.

i.

These features should be considered carefully within the context of the overall building size and design to retain a proportional scale and appearance.

ii.

Architectural elements and appurtenances should not appear out of character relative to the remainder of the building.

g.

Gas station and drive-through canopies.

1.

Standards.

i.

Gas station and drive-through canopies shall utilize a pitched roof with earth tone metal roofing or shingles reflecting natural materials.

h.

Utilities and mechanical equipment.

1.

Standards.

i.

Mechanical equipment at ground level shall be placed away from public streets and buildings on adjacent sites.

ii.

All mechanical equipment shall be screened from public view.

iii.

Mechanical equipment and antennas located on rooftops shall be camouflaged as a normal architectural feature of the building, or hidden by a decorative cornice or parapet wall, as seen from the ground.

iv.

All utility equipment (includes meters, boxes, valves and similar equipment but does not include overhead power lines, light poles and similar equipment) shall be designed, located or screened to be as inconspicuous as possible and shall not be located on the street-side of a principal structure.

v.

All utility lines serving new development and significant redevelopment shall be placed underground whenever practicable.

i.

Trash and recycling.

1.

Standards.

i.

All trash and recycling receptacles and storage areas shall be located and substantially screened from public view.

ii.

All non-vegetative screening used to block public view of trash and recycling receptacles and storage areas shall be made of materials compatible in color and type to the principal structure(s) on the property.

(f)

Open space preservation/landscaping requirements .

(1)

Projects for new development shall preserve a minimum of ten percent of the lot's total area with existing natural vegetation and/or dune elevations. Areas designated for the preservation of existing vegetation shall contain significant examples of native vegetation and be identified and maintained in accordance with subsections 48-485(b)(1), (4) and (5). The area of existing vegetation to be preserved may be calculated using recent aerial photography and may include the canopy that is present within the property boundaries.

(2)

If existing vegetation cannot be preserved to meet the above requirement, new vegetation may be planted in accordance with the schedule below to meet the requirement. If no vegetation is preserved, the planting of a minimum of 15 percent of the lot's total area shall be required. At a minimum, 50 percent of the required planted material shall consist of locally adapted tree species that are a minimum height of three feet and one inch in diameter measured at one-half foot above grade when planted. The remainder of the required plantings may be live shrubs measuring at least 1½ feet in height when planted. A minimum of one-half of this vegetation must be located in the front or side yards of the proposed development.

Vegetation Preservation Standard Commercial Development
Percent of Site Preserved	Percent of New Plantings	Total Vegetation Coverage
10 %	0 %	10 %
8 %	3 %	11 %
6 %	6 %	12 %
4 %	9 %	13 %
0 %	15 %	15 %

 

(3)

When new plantings are used to meet the requirements of this section, trees shall count as 100 square feet of required planting area and shrubs shall count as 50 square feet of planting area.

(4)

Preserved natural vegetation may be counted towards both buffering and vegetation preservation requirements if the vegetation is located within a required buffer yard area. New plantings used to meet a landscape buffer requirement may count for up to half of the required planting area.

(5)

The above landscaping requirements may be altered due to unique and unusual physical conditions or characteristics of the property, including the reduction of landscaping requirements for oceanfront properties and other lots containing significant vegetated dune features that will be preserved in equal proportion to what would normally be required by this section.

(6)

For purposes of administration, these landscaping requirements shall adhere to the procedures established for buffering in section 48-484.

(7)

The property owner shall be responsible for maintaining the landscaped areas required by this section, including the replacement of dead and missing vegetation in accordance with section 48-486.

(Ord. No. 03-05-022, § I, 5-7-03; Ord. No. 04-05-020, § I, 5-9-2004; Ord. No. 04-08-031, § I, 8-4-2004; Ord. No. 04-11-043, § I, 11-3-2004; Ord. No. 08-08-024, § 1, 8-6-2008; Ord. No. 09-01-005, §§ I—IV, 1-7-2009; Ord. No. 09-09-034, Pt. IV, 9-2-2009; Ord. No. 15-08-029 , Pt. XXI, 8-19-2015; Ord. No. 16-02-004 , Pt. II, 2-3-2016; Ord. No. 18-12-018 , Pt. I, 12-5-2018)